Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Missing witnesses

  • 21 Feb 2024

    香港特別行政區 訴 李之豪

    Citation
    [2024] HKDC 279
    Court
    District Court
    Case number
    DCCC810/2022

    The application for a permanent stay is refused because the defence failed to prove on the balance of probabilities that missing witnesses, alleged loss of documents, or prosecutorial delay caused prejudice so serious as to make a fair trial impossible, and the prosecution reasonably explained investigative delay; the non‑prosecution of money changer staff did not amount to abuse of process given the defence's concession regarding the money changer's due diligence.

  • 8 Jan 2024

    香港特別行政區 訴 馬敬

    Citation
    [2024] HKDC 67
    Court
    District Court
    Case number
    DCCC81/2023

    The defence failed to prove on the relative likelihood standard that the absence of the four alleged providers would make a fair trial impossible or that no adequate remedy existed; the defence did not establish what the missing witnesses would say or how their evidence would materially assist, the defence had made reasonable efforts to secure attendance, and the prosecution's conduct in not calling them was lawful and rational; accordingly the permanent stay application was refused.

  • 12 Dec 2003

    HKSAR v. CHAN KA HUNG

    Citation
    HKSAR v. CHAN KA HUNG
    Court
    Court of Appeal
    Case number
    CACC72/2002

    The judge correctly directed the jury that proof of an actual successful fraud by the banks was not a prerequisite to conviction for conspiracy to defraud; the jury were properly invited to consider whether the applicant dishonestly agreed to present false documents with intent to defraud, and on the totality of the evidence (including the applicant's admissions and conduct) the convictions were safe. Sentence was reduced to reflect subsequent repayments and comparative authority to a total of six years and six months' imprisonment.

  • 1 Nov 2002

    RE CHAN HIU TAO

    Citation
    RE CHAN HIU TAO
    Court
    District Court
    Case number
    DCCC471/2002

    The application for a permanent stay was dismissed because the prosecution had taken all reasonable steps to secure attendance of the two Mainland witnesses and there was no reasonable prospect they would attend; Yan's evidence was unlikely to assist the defence on balance of probabilities; although Yi's evidence could assist, it was not so material as to make a fair trial impossible in her absence; accordingly the trial must continue.